The following minimum subdivision principles,
standards and requirements will be applied by Township officials in
evaluating the plans for a proposed subdivision.
A.
Land shall be suited for the purpose for which it
is to be subdivided.
B.
Land subject to hazards of life, health and safety,
such as strip-mine land, quarry land, open ditches and land subject
to flooding or subsidence, shall not be subdivided for residential
purposes. All such hazards shall be identified and eliminated by the
owner or developer and guaranties shall be provided to the Township
that adequate safeguards against such hazards have been provided.
A.
Proposed streets shall be properly related to Township,
county and state road and highway plans that have been prepared and
officially adopted and/or filed as prescribed by law.
B.
Streets shall be logically related to the topography
to achieve usable lots and reasonable grades.
C.
Internal subdivision streets shall be laid out to
discourage unnecessary through traffic, but provisions to coordinate
adjacent area streets will be generally required.
D.
Where a subdivision plan abuts or contains an existing
or proposed arterial street, the governing body may require local
access streets, reverse frontage lots or such other treatment that
will provide protection for abutting properties, reduction in the
number of intersections with arterial streets and separation of local
and through traffic.
E.
New half or partial streets will not be permitted,
except where essential to reasonable subdivision of a tract in conformance
with the other requirements and standards of this chapter and where,
in addition, satisfactory assurances for dedication of the remaining
part of the street is secured.
F.
Wherever a tract to be subdivided borders an existing
half or partial street, the other part of the street shall be plotted
within such tract.
G.
Cul-de-sac streets may be permitted when it is clear
that through traffic at such a street end is not essential to the
existing or future street system in that district or to the development
of adjacent properties in the area.
(1)
Such streets, where permitted, shall not exceed 500
feet, including the turnaround at the closed end. A request for a
waiver can be made to the Board of Commissioners, with a narrative
explaining how additional length improves the subdivision design,
results in a better relationship of the proposed development to the
existing topography and does not create any hardships for the subdivision's
residents or the Township's.
[Amended 8-7-2002 by Ord. No. 467]
(2)
The turnaround shall have an outside pavement radius
of not less than 40 feet and a right-of-way radius of not less than
50 feet.
(3)
The minimum grade of the turnaround portion of the
cul-de-sac shall be 1%.
(4)
The maximum grade of the turnaround portion of the
cul-de-sac shall be 5%.
(5)
All culs-de-sac must have a minimum of two drainage
structures or as required by the Township Engineer.
H.
If lots resulting from original subdivision are large
enough to permit additional subdivision or if a portion of the tract
is not subdivided, adequate street rights-of-way shall be provided
as necessary to allow for future development activity.
I.
Reserve strips, restricting or controlling access
to adjacent streets or properties, shall be prohibited.
J.
The maximum allowable center-line grades are shown
in Table 1.[1] Short sections of roadway in excess of those shown in
Table 1 may be approved by the governing body where it is clear that
no traffic hazards or maintenance problem will be created.
[1]
Editor's Note: Table 1 is included at the end of this chapter.
K.
Minimum grades on all streets shall not be less than
1%.
L.
Vertical alignment. Vertical curves shall be installed
on all street grade changes to provide for minimum sight distances
of 150 feet.
M.
Horizontal alignment. Minimum center-line radii for
horizontal curves shall be 150 feet.
N.
Widths. Minimum cartway paving and right-of-way widths
are shown in Table 1.[2]
(1)
Except additional right-of-way and cartway width may
be required by the governing body for the following purposes:
(2)
Where a subdivision abuts a state right-of-way less
than the standards in Table 1[3] for a particular roadway classification, the building
setback shall be increased by an amount equal to 1/2 the difference
between the existing right-of-way width and the standard right-of-way
width in Table 1.
[3]
Editor's Note: Table 1 is included at the end of this chapter.
[2]
Editor's Note: Table 1 is included at the end of this chapter.
O.
Street intersections.
(1)
All curbs at intersections shall be rounded by a minimum
radius shown in Table 1.[4]
[4]
Editor's Note: Table 1 is included at the end of this chapter.
(2)
Grades approaching intersections shall not exceed
3% for a distance of not less than 25 feet from the nearest right-of-way
line of the intersection.
(3)
Multiple intersection of more than four streets shall
be prohibited.
(4)
Minimum street intersection angles shall be 90°
unless approved by the Board of Commissioners.
[Amended 8-7-2002 by Ord. No. 467]
(5)
A clear sight triangle shall be maintained at all
intersections within an area formed by the intersecting street lines
and a line joining points on the street lines 75 feet from the corner.
(6)
Intersections of local streets with collector and
arterial streets shall be kept to a minimum, consistent with topography
and other local conditions. Intersections of less than 150 feet shall
be avoided.
P.
Alleys shall not be permitted in any subdivision.
Q.
Private streets (vehicular rights-of-way not dedicated
for public use) shall not be approved nor shall layout or improvements
for lots abutting private streets be approved.
R.
Streets proposed for commercial or industrial land
development purposes shall, if possible, be laid out to intersect
directly with arterial and collector streets. Insofar as possible,
traffic circulation systems for commercial and industrial subdivisions
shall be designed in a manner to eliminate or discourage traffic flow
through residential areas.
S.
Driveways (site ingress and egress).
(1)
Driveways shall conform to the values shown in Table
2.[5]
[5]
Editor's Note: Table 2 is included at the end of this chapter.
(2)
Commercial and industrial ingress and egress (driveways)
shall be designed to provide optimum visibility and to minimize traffic
congestion in the vicinity of the development parcel. Traffic access
design shall conform to the following requirements:
(a)
(b)
Defined ingress and egress points shall be required
for all commercial and industrial development parcels.
(c)
Driveway widths shall have a minimum width as
shown in Table 2.[6]
[6]
Editor's Note: Table 2 is included at the end of this chapter.
(3)
All driveways shall be constructed so as not to interfere
with roadway drainage. Cross drains shall be constructed beneath the
driveway where required to provide adequate drainage.
T.
General requirements. All streets minimum right-of-way
widths, paving widths, angle of intersection and maximum grades shall
be in accordance with Table 1.[7]
[7]
Editor's Note: Table 1 is included at the end of this chapter.
A.
The following general provisions shall apply to all
subdivisions of land:
(1)
All lot area requirements and specified minimum yard
and setback designations shall be dimensioned from public rights-of-way
where applicable. No lot area requirement or setback shall be computed
from within public right-of-way.
(2)
The frontage width of lots abutting a cul-de-sac shall
be determined as the width at the building line. The side yard and
setback requirements will be calculated from the midpoint of the structure
along the average length of both sides and the rear of the structure.
(3)
All lot lines shall be set perpendicular or radial
to the center line of the street whenever possible.
(4)
Lots abutting local streets shall front upon the streets
that parallel the long dimension of the block, if possible.
(5)
All lots shall abut by their full frontage on a publicly
dedicated street or on a street that has received the legal status
of such. Lots abutting on a private street or easement shall not be
approved
[Amended 6-1-2022 by Ord. No. 750]
(a)
Exception(s):
[1]
Except that lots developed on private streets in existence prior
to the enactment of this chapter may be approved. Private streets
shall not be extended to permit additional lot development.
[2]
Single-family residential subdivisions of four lots or less whereby
such lots may be served by a mud free private road with minimum requirements
of eight inches of suitable stone base material appropriately compacted
and graded to provide a permanent, all weather surface which will
facilitate stormwater drainage patterns and a twelve-foot unobstructed
cartway with dedicated minimum fifty right way. This exception shall
not be utilized to circumvent or avoid compliance with any Township
regulation.
[Amended 6-7-2023 by Ord. No. 760]
[a]
All lot owners shall have, by deed, a specified fifty-foot right-of-way
for use of such private road and such deeds shall also contain provisions
for maintenance of such road among the lot owners.
[b]
Subdivision plans shall have language on the plan that the lots
contained herein will not be serviced by US Mail, Township contracted
garbage, and certain utilities including water and sewage utilizing
the fifty-foot right-of-way.
[c]
Each lot will still be required to follow the minimum lot frontage for the underlying zoning district from the private fifty-foot right-of-way according to Chapter 195. Lots must meet all other requirements of the Township's zoning and subdivision regulations.
[d]
Any person conducting any new land development activities or redevelopment activities creating an impervious area of 1,000 square feet or greater in the municipality or involving earth disturbance of 5,000 square feet or greater, shall submit and obtain approval from the municipality of a project plan meeting the requirements of Chapter 164, Stormwater Management.
[e]
No occupancy permit shall be issued until the private road under § 175-19A(5)(a)[2] is installed including any required stormwater management for said private road.
(6)
The grading of any earth in excess of 5,000 square
feet by cut or fill shall comply with the following standards:
[Amended 3-1-2006 by Ord. No. 543]
(a)
Any toe of slope for a cut or fill with a height
of greater than six feet shall be located a minimum of 15 feet from
the property line.
(b)
All cut/fill slopes shall be benched at the
minimum requirements listed below in Table No. 1.
|
Table No. 1
| ||
|---|---|---|
|
Type of Cut/Fill
|
Maximum Height Between Benches
(feet)
|
Minimum Width of Benches
(feet)
|
|
Earth
|
15
|
10
|
|
Fill
|
15
|
10
|
|
Major cuts in shale
|
15
|
10
|
|
Major cuts in sandstone
|
30
|
15
|
|
Major cuts in limestone
|
35
|
15
|
(c)
The grading of any earth by cut or fill shall
not exceed a slope of 3:1.
[1]
Should a slope in excess of 3:1 and greater
than six feet in height be necessary, the property owner shall prepare
and file a soils report with all boring logs prepared by a registered
professional engineer certifying to the slope's stability or, in the
alternative, a retaining structure with a minimum of a four-foot chain
link fence shall be designed and certified by a registered professional
engineer in the Commonwealth of Pennsylvania.
[2]
Any cut or fill greater than six feet in height
and in excess of a 3:1 slope shall have a minimum four-foot chain
link fence erected from at the top of the slope through its entire
length.
(7)
The literal application of front yard setback requirements
for single-family dwellings, as set forth in the Township Zoning Ordinance,[1] may be relaxed by the governing body in predominantly
developed areas, provided that:
(a)
Seventy-five percent or more of the established
structures on the same side of the street in the immediate vicinity
have front yard areas less than required by the Zoning Ordinance.
(b)
For purposes of this setback relaxation, immediate
vicinity shall be interpreted as a block area not exceeding 800 linear
feet which is between either two intersecting streets or an intersecting
street and a cul-de-sac.
(c)
In the absence of typical block development
in open or rural areas, the immediate vicinity shall be determined
as developed parcels within 500 linear feet of the subject property.
(d)
Where setback relaxations are granted, the front
yard setback requirements shall be established as the average setback
of all existing structures in the immediate vicinity.
(e)
The relaxation of setback requirements under
this section shall require a variance from the Zoning Hearing Board
and shall be employed only to achieve orderly development and not
to circumvent the purpose and intent of the Subdivision and Land Development
Ordinance or of the Zoning Ordinance.
B.
Lots laid out for residential purposes shall be subdivided
in accordance with the provisions of the Township Zoning Ordinance
with respect to lot area, lot width, setbacks, yard requirements and
other applicable requisites and requirements.
C.
Nonresidential purposes.
(1)
Lots and tracts of land laid out for nonresidential
purposes shall be subdivided in accordance with the provisions of
the Township Zoning Ordinance[2] with respect to lot area, lot width, setbacks, yard requirements
and other applicable requisites and requirements.
(2)
The location of areas designated for structures, internal
site accessways, off-street parking and loading areas and generalized
land use proposals shall be included as a part of all final plan applications
for nonresidential purposes.
(3)
The Planning Agency may recommend and the Board of
Commissioners may authorize block platting in place of lot platting
for nonresidential purposes to provide the developer maximum flexibility,
provided that no block shall be subdivided in such a way that any
subsequent lots would be smaller than the minimum size authorized
by this chapter for residential uses.
[Amended 8-7-2002 by Ord. No. 467]
(4)
The developer shall demonstrate every effort to protect
adjacent existing or potential residential development sites through
the provision of guaranties or other appropriate procedures or amenities
designed and established for the purpose of mitigating adverse influences
resulting from business activities.
[Added 7-2-2008 by Ord. No. 574]
A.
Purpose:
(1)
To allow the Township to determine the safety
and congestion impacts, and related costs, of proposed major traffic-generating
uses.
(2)
To require that applicants respond with reasonable
proposals to resolve the negative traffic impacts that their proposed
uses will cause on the public.
(3)
To recognize that sufficient federal, state,
and Township funds are not available to resolve traffic problems caused
by private development.
(5)
To ensure that streets bordering a subdivision
or land development are coordinated and of such widths and grades
and in such locations as deemed necessary to accommodate prospective
traffic and to facilitate fire protection.
(6)
To ensure that the access into and out of subdivisions
and land developments is reasonably safe.
B.
Administration.
(1)
The Rostraver Township Planning Agency may require
a full or abbreviated traffic study as a part of its review process
for subdivisions and land developments consistent with the standards
of this section.
(2)
The full cost of the traffic study shall be
borne by the applicant. Any costs associated with professional review
of the traffic study by the Township's professional consultants shall
also be borne by the applicant. The applicant shall provide the appropriate
escrow to ensure the payment of the costs of such traffic study review.
(3)
Traffic impact studies shall be prepared by
a qualified traffic engineer and/or transportation planner with previous
traffic study experience. To be considered as qualified, the engineer
or planner shall have completed at least three comparable studies
and shall make copies of same available to the Township. The Township
reserves the right to review and approve the qualifications of any
proposed consultant.
(4)
The Township shall require such on-site traffic
improvements to be provided by the applicant, as the Township deems
appropriate, in light of the traffic impact study as a specific condition
of preliminary plan approval for all land developments and/or subdivisions
for which a study has been required. The study shall identify improvements/facilities
to be installed or actions to be undertaken by the applicant.
(5)
Joint traffic studies between different applicants
are acceptable and are strongly encouraged.
(6)
The Township will ensure that its own selected
consulting traffic engineer or other professional consultants for
any project do not have a current professional relationship with the
applicant of the land development or subdivision plan or a current
professional relationship with the traffic engineer that prepared
the traffic study for the applicant. The Township reserves the right
to review the qualifications of any proposed consultant.
C.
Determination of the level of traffic study required.
The Planning Agency shall make a determination on the level of traffic
study required, based upon two factors: the location of the proposed
development, and the projected traffic generation of the proposed
development.
(1)
Location factors. The Township has identified
the following as stressed roads and intersections in its Comprehensive
Plan:
(b)
Stressed intersections:
[1]
Route 51 and Airport Road.
[2]
Route 51 and Webster Hollow Road/Salem
Church Crossover.
[3]
Route 51 and Fells Church Road/Fells
Church Crossover.
[4]
Route 51 and Vernon Drive.
[5]
Route 51 and McKenery Drive/Snyder
Lane.
[6]
Route 51 and Port Royal Road.
[7]
Finely Road and SR 201.
[8]
SR 201 and SR 3031 (Vance DeiCas
Highway).
(2)
As deemed necessary by changes in information
gathering and new land developments, the Township may remove or add
new stressed roads and intersections as necessary by a resolution
of the majority of Commissioners.
(3)
Determination of peak hour trips. As a general
guide, the Planning Agency shall utilize Table 3.2 and the second
edition of Transportation and Land Development, as published by the
Institute of Transportation Engineers (ITE), and adapted below for
reference. However, the Planning Agency may utilize alternative information
provided by the developer for more specific land uses, if consistent
with the ITE trip generation manual.
|
Land Use Thresholds (Based Upon Trip Generation
Characteristics)
| ||||||
|---|---|---|---|---|---|---|
|
Land Use
|
Peak
Hour Trips
| |||||
|
25 or More
|
50 or More
|
100 or More
| ||||
|
Single-family dwellings
|
22
|
45
|
90
| |||
|
(dwelling units)
| ||||||
|
Apartments
|
37
|
75
|
150
| |||
|
(dwelling units)
| ||||||
|
Townhouses or condominiums
|
45
|
90
|
180
| |||
|
(dwelling units)
| ||||||
|
Mobile home parks
|
45
|
90
|
180
| |||
|
(dwelling units)
| ||||||
|
Retail/shopping centers
|
1,500
|
3,000
|
6,000
| |||
|
(square feet gross floor area)
| ||||||
|
Convenience store/gas stations
|
1
|
3
|
7
| |||
|
(pumps)
| ||||||
|
Banks with drive-in
|
500
|
1,000
|
2,000
| |||
|
(square feet gross floor area)
| ||||||
|
Professional offices
|
16,750
|
33,500
|
67,000
| |||
|
(square feet gross floor area)
| ||||||
|
Medical/dental offices
|
7,500
|
15,000
|
30,000
| |||
|
(square feet gross floor area)
| ||||||
|
Research and development/ corporate offices
|
17,750
|
35,500
|
71,000
| |||
|
(square feet gross floor area)
| ||||||
|
Light Industrial/ warehousing distribution centers
|
24,500
|
49,000
|
98,000
| |||
|
(square feet gross floor area)
| ||||||
|
Heavy industry
|
36,375
|
72,750
|
145,500
| |||
|
(square feet gross floor area)
| ||||||
(4)
Traffic study level requirements. Based upon
the location and trip generation characteristics, the Planning Agency
shall use the following table as a guide for the level of traffic
study required.
|
Trip Generation at Peak Hours
|
Location Accessing a Stressed Road or
Within 800 Feet of a Stressed Intersection
|
Other Locations
| |
|---|---|---|---|
|
At least 25 trips
|
Abbreviated study
|
Not required
| |
|
At least 50 trips
|
Full study
|
Abbreviated study
| |
|
At least 100 trips
|
Full study
|
Full study
|
(5)
The Township Board of Commissioners may still,
at its discretion, require any other subdivision or land development
application to be accompanied by a traffic impact study. In such circumstances,
the Commissioners will notify the applicant within 60 days following
the Planning Agency's first meeting with the applicant. Such a notification
shall specify the reason for the requirement, citing the proposal's
particular location or existing problems or type of use (i.e., generation
of heavy truck traffic).
D.
Abbreviated study requirements.
(1)
The following abbreviated traffic impact study
shall be required as part of the preliminary plan submission. Development
of a project in stages, or on a piecemeal basis, will not avoid this
requirement. The trips expected to be produced by the ultimate build
out of the development will be the basis for such a study. However,
even if a development generates less than the required peak hour trips,
it is not totally excluded from the adequacy requirements of these
guidelines, unless site traffic generation is anticipated to be de
minimus (less than five peak hour trips).
(2)
A written, abbreviated traffic study, where
appropriate, and a traffic calming and access management analysis
shall be submitted at the time of the preliminary plan application
and shall include:
(a)
Projected peak a.m., p.m., and/or Saturday traffic
volumes of the development.
(b)
Projected ADT (average daily trips) of the development.
(c)
Current ADT and peak hour volumes of streets
adjacent to any access drives.
(d)
LOS (level of service) of existing and proposed
access drives.
(e)
Modal split of services (categories of vehicles)
entering the site.
(f)
Proposed sight distances at access drives.
(g)
Existing and proposed pedestrian paths from
streets and within the site to entrances of all buildings.
(h)
The study shall identify improvements/facilities
to be installed or actions to be undertaken by the applicant to ensure
the following:
[1]
LOS C or higher overall for all
new access drives.
[2]
No reduction in the levels of service
for existing access drives, except that LOS D shall be permitted during
the a.m. and p.m. peak hours. If an applicant cannot meet this requirement,
an analysis shall be completed to show that all reasonable options
have been considered to create the most efficient access possible.
[3]
Sight distances for all access
drives intersecting with all streets shall meet Township and/or PennDOT
requirements, as applicable.
E.
Full traffic impact study requirements.
(1)
A written, full traffic study, and, where appropriate,
traffic calming and access management measures shall be submitted
at the time of preliminary plan application. The study area shall
include all public streets and intersections within a radius of 1,600
feet of an access drive to the site, unless the Township's consulting
traffic engineer determines that another study area shall be more
appropriate. The full traffic study shall include, at a minimum, the
following:
(a)
Current ADT and peak hour volumes of all streets.
(b)
Current LOS of all intersections.
(c)
Projected ADT and peak hour volumes of all streets
without the development.
(d)
Projected LOS of all intersections without the
development.
(e)
Site traffic generation, including projected
ADT and peak hour volumes of the development. Development of a project
in stages, or on a piecemeal basis, must create a realistic assumption
expected to be produced by the ultimate build out of the development.
(f)
Site traffic distribution.
(g)
Site traffic assignment.
(h)
Projected ADT and peak hour volumes of all streets
and intersections within the development.
(i)
Projected LOS of all intersections within the
development, including all existing and proposed access drives.
(j)
An assessment of the change in roadway operating
conditions resulting from the development traffic.
(k)
Modal split of vehicles entering the site.
(l)
Proposed sight distances at access drives.
(m)
Existing and proposed pedestrian paths from
streets and within the site to entrances of all buildings.
(2)
The study shall identify improvements/facilities
to be installed or actions to be undertaken by the applicant to ensure
the following:
(a)
LOC C or higher overall for all new access driveways.
(b)
No reduction in the levels of service for existing
access driveways, except that LOS D shall be permitted during the
a.m. and p.m. peak hours. If an applicant cannot meet this requirement,
an analysis shall be completed to show that all reasonable options
have been considered to create the most efficient access possible.
(c)
No reduction in the levels of service of intersections
within the study area as a result of the development; however, if
the intersection already has an LOS, no reduction in the intersection
delay shall occur.
(d)
Sight distances for all access drives intersecting
with all rights-of-way shall meet Township and/or PennDOT requirements,
as applicable.
F.
Implementation. The Commissioners shall review the
traffic impact study to analyze its adequacy in solving any traffic
problems that will occur due to the land development or subdivision.
The Township's traffic engineer shall review the study and submit
their review comments to the Commissioners. These review comments
shall be part of the Township's official review and approval process.
The Commissioners may decide that certain improvements contained on
and/or adjacent to the site and within the study area are necessary
for land development or subdivision plan approval and may attach these
conditions to the approval. If the municipality concludes that additional
improvements are necessary, the developer shall have the opportunity
to resubmit alternative improvement designs to obtain plan approval.
A.
Block length shall not ordinarily exceed 1,800 feet
nor be less than 500 feet depending on topography, adjacent road configurations
and other related criteria.
B.
Blocks shall be at least two lots in depth except
for reverse frontage lots.
C.
The depth to width ratio of usable lot length shall
be a maximum of 2 1/2 to 1.
A.
Utility and public utility easements shall have a
minimum width of 20 feet and be placed at the side or rear of lots
and underground whenever possible. When the governing body determines
that conditions are suitable for utilities and/or public utilities,
an easement reservation will be required.
B.
Where a subdivision is traversed by a watercourse,
there shall be provided a drainage easement or right-of-way conforming
substantially with the line of such watercourse and of such width
as will be adequate to preserve natural drainage and provide sufficient
width for maintenance purposes, but not less than 20 feet. Where available,
federal, state and local flood maps and data shall be employed to
determine the location of easements or rights-of-way required by this
chapter.
[Amended 7-5-2006 by Ord. No. 550]
A.
Sidewalks shall be required to be constructed on one side of the public street, same side of the public street as the cluster box units, in all subdivisions and land developments involving the construction of new public streets, unless otherwise waived by the Board of Commissioners under the provisions of § 175-22C of this chapter.
[Amended 11-2-2022 by Ord. No. 752]
B.
Unless an alternative installation plan is proposed
by the developer, and approved by the Board of Commissioners as part
of the development agreement, sidewalks within residential subdivisions
and land developments shall be installed at the time of initial roadway
construction. The developer shall be responsible for bonding all sidewalks
pursuant to the provisions of this chapter and the Pennsylvania Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
C.
When one of the following conditions exists making
the installation of sidewalks unnecessary or impractical, the developer
shall so demonstrate those condition(s) and request, in writing, to
the Board of Commissioners that this requirement be waived in whole
or in part. Approval or denial of the request shall be made, in writing,
by the Board of Commissioners. Financial consideration of the costs
of construction of the proposed sidewalks shall not be considered
by the Board as a reason for waiving this requirement.
Reserve strips surrounding property or areas
reserved for any purpose that shall make any area unprofitable for
regular or special assessments or that may revert to an untended nuisance
area will not be approved by the governing body.
[Amended 12-6-2006 by Ord. No. 556]
A.
The following provisions shall apply to the assigning
of all street name(s) public/private:
(1)
At the time of filing an application for a preliminary
subdivision and or land development, the property owner shall submit
to the Township a written request of at least five proposed new street
names for each new street being proposed. The proposed names will
be reviewed with the Westmoreland County Department of Public Safety
and approved to avoid possible duplication.
(2)
Street name(s) become final upon recording of the
final subdivision plan and/or approval of a final land development
plan.
(3)
Street name(s) may be reserved for three years. If
final recording of the preliminary subdivision does not occur and/or
construction does not begin on a land development within three years,
a written request for a two-year extension of the street name(s) reservation
shall be submitted to the Township and the Westmoreland County Department
of Public Safety. If such a request is not received, the name(s) will
no longer be reserved.
B.
It shall be the responsibility of the landowner of
each dwelling, apartment building, mobile home, business, industry
and/or all other principal buildings to purchase, post and maintain
proper identification of such structures within 60 days of the enactment
of this section and of all future owners of such structures to post
proper identification prior to occupancy.
C.
Proper identification shall consist of the address
number posted in numerals and/or letters at least three inches in
height with a minimum of a one-fourth-inch-wide stroke, contrasting
color with the background on which they are affixed, and reflective.
[Amended 4-4-2007 by Ord. No. 561]
D.
The placement of proper identification must be posted
in at least one of the following manners:
(1)
Address numbers placed on or within three feet of
either side of the door facing the street to which the structure/building
is addressed, wherever most visible. If such placement is not possible
or visible due to features of the structure, said address may be posted
on an alternative location, as determined by the Rostraver Township
Emergency Management Coordinator, in similar proximity to the door,
such as a porch post.
(2)
Address number posted on both sides of the mailbox
or both sides of the mailbox post, only if the mailbox is located
on the same side of the street as the structure it serves.
(3)
Private lanes and long driveways. If any structure/building is located so that the address number is not clearly visible from the street, an additional address number shall be posted at the intersection of the driveway with the public street along with the posting requirements of Subsection D(1).
(4)
Structures/buildings that contain units or multiple addresses in one structure/building, including but not limited to apartment buildings, condominiums, and office buildings, shall post an additional address sign at the main entrance facing the street to which the units are addressed along with the posting requirements of Subsection D(1).
E.
The Township is hereby authorized and directed to
give notice, by United States mail, to the landowner, of any structure/building
that remains in violation of the provisions of this section, directing
and requiring such landowner to conform to the requirement of this
section with five days after issuance of such notice.
F.
Violations and penalties.
(1)
In case any person, firm or corporation shall neglect,
fail or refuse to comply with such notice within the period of time
stated therein, the Township authorities may post or have posted said
identification, as aforesaid; the cost thereof, together with any
additional payment authorized by law, may be collected by the Township
from such person, firm or corporation in the manner provided by law
for the collection of municipal claims or by an action of assumpsit.
(2)
In addition to the other powers herein set forth for
the violation of this chapter, the Township may institute proceedings
in courts of equity.
Subdividing land shall be done in a manner that
will not bar adjacent property owners from access to streets and ways
of alignment or otherwise preclude the development of surrounding
land areas.
[Amended 7-3-2002 by Ord. No. 461; 7-5-2006 by Ord. No.
550; 7-2-2008 by Ord. No. 573]
In order to implement Section 503(11) of the
Pennsylvania Municipalities Planning Code,[1] Rostraver Township has adopted an Official Recreation
Plan. This section applies to new residential subdivisions or new
residential land developments (including planned residential developments
or new mobile home parks or new mobile home lots). All residential
subdivisions and residential land developments of at least 20 lots
or at least 20 dwelling units shall provide the reservation of suitable
grounds for recreation, or pay a fee in lieu of such land, or construct
public recreation facilities, or present a combination of dedicated
land, facilities construction and fees. All such requirements shall
conform to the authority conferred in the Pennsylvania Municipalities
Planning Code (53 P.S. § 10101 et seq.), and constitute
a condition precedent to preliminary or final plan approval. The applicant
and developer shall hereinafter collectively be referred to as either
"applicant" or "developer." In the case of a multiphase plan, wherein
less than 20 lots are created, this section shall apply to all lots
created from the parent tract or dwelling units erected upon the tract
for a period of five years from the date of initial application. The
Commissioners may also require the dedication of land or fees in lieu
for subdivisions of less than 20 lots, where it is obvious that additional
lands remain available for subdivision from the parent tract.
A.
An applicant for preliminary plat approval on an applicable
multiphase plan or single phase final plan approval of a residential
land development or subdivision shall dedicate to the Township for
public use a portion of such site as a recreation area. The total
amount of land to be deeded to the Township shall be equivalent to
at least 3,400 square feet per dwelling unit. The Township may enter
into an agreement with the developer to satisfy the recreational use
and open space/green area public dedication requirements prescribed
in this section upon payment to the Township of the sum of not less
than $700 for each dwelling unit in a residential land development
plan or each lot in a residential subdivision or mobile home park.
The above fee may be adjusted from time to time for inflation, and
the current applicable fee shall be indicated in the Township schedule
of fees, adopted by resolution. Alternative land, fee, facility or
construction combinations shall be an agreed amount based upon the
value of any land, fees, items purchased and services provided. The
Township Planning Agency and Rostraver Township Recreation Commission
shall review such alternatives for consistency with the Official Recreation
Plan, prior to acceptance by the Board of Commissioners.
B.
Criteria for site selection of land for recreational
use.
(1)
The land proposed shall be accessible to the residents
of the development and citizens of the Township. At least one side
of the proposed site shall abut a public street, for a minimum distance
of 50 feet, unless an easement at least 50 feet in width and dedicated
for access to the recreational land is provided. However, no public
roadways shall transverse the site.
(2)
At least 75% of land for parks, playgrounds and sports
fields shall be free of slopes greater than 5%, as determined by mapping
prepared for the Township Comprehensive Plan.
(3)
At least 75% of the site shall be free from wetland
restrictions or floodplain.
(4)
The soil conditions shall be suitable for recreation
use, as determined by reference to the Westmoreland County Soil Survey.
(5)
For phased plans, all land to be set aside shall be
situated in the first phase, unless otherwise approved by the Township
Board of Commissioners. Delivery of deed describing land proposed
for dedication to the Township shall be completed prior to plan recording.
(6)
The site shall be easily accessible to all essential
utilities, including water, sewage, and power.
(7)
The site and any proposed improvements shall be consistent
with the recommendations of the Rostraver Township Official Recreation
Plan and the Rostraver Township Comprehensive Plan.
C.
Fee in lieu of required recreational land.
(1)
If land offered to meet the criteria of sites for
parks, playgrounds or other recreational use is not consistent with
the recommendations of the Recreation Commission and the Planning
Agency, or if the Comprehensive Plan or Official Recreation Plan for
the Township of Rostraver indicates that such land offered cannot
be properly located in the proposed development or subdivision because
the future inhabitants of the development and surrounding area are
to be served by recreational land/facilities established or to be
established by the Township in the subject locality, or if the conditions
to render the site suitable for the use intended cannot be agreed
upon, then, upon agreement with the applicant or developer, the payment
of fees in lieu of the land offered or a combination of fees and land
shall be required as a condition precedent to preliminary or final
plan approval. The applicant or developer may also pay the fee in
lieu of land at his discretion.
(2)
The fee in lieu of required land shall be paid to
the Township prior to release of the plan for recording or as specified
in a schedule of payment agreed upon by the Township Commissioners.
(3)
All fee payments received pursuant to this section
shall be used solely and exclusively for the acquisition of land for
parks, playgrounds or other recreational sites and the construction
of improvements thereon, and for costs incidental and ancillary to
such purposes, including but not necessarily limited to site planning,
engineering and design of recreational space and improvements, utility
relocation, grading and site preparation, provision of pedestrian
and/or vehicular access and purchase of park equipment. Unless otherwise
agreed to by the Township and the developer, payments received pursuant
to this section shall be used only for land or improvements specifically
included in the Official Recreation Plan for the Township of Rostraver,
as amended, and as supplemented by the list of needed park improvements
developed by the Recreation Commission. Such park and recreational
facilities shall be accessible to the subject development or subdivision.
D.
Where the development or construction of recreation
facilities is offered as a part of the land or fees-in-lieu options,
recreation facilities shall be bonded and have improvement guarantees
posted or deposited as with any other subdivision improvements, such
as streets, sidewalks, curbs, and drainage facilities.
E.
All fees in lieu paid to the Township shall be placed
in a capital reserve fund established as provided by law, which shall
clearly identify the facility or area for which the fee was collected.
Interest earned on the capital reserve fund shall become part of the
capital reserve fund. Fees collected shall be expended only for the
purpose of providing park or recreational facilities accessible to
the residents of the development.
F.
If the Township has failed to utilize the fee paid
for the purposes set forth in this section within three years from
the date such fee was paid, any person who paid such a fee may request
a refund. The Township shall refund said fee plus interest accumulated
thereon from the date of payment.
[1]
Editor's Note: See 53 P.S. § 10503(11).
